SARABJIT KAUR Vs. SATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) Plaintiff filed a suit for declaration to the effect that she is entitled to special pension and employment given to the terrorist affected families as her husband was a victim of terrorist activities. She alleged that her husband Mukhtiar Singh was serving in the Punjab Police as Head Constable and on 7th Jan., 1992 his dead body was recovered in the area of village Meeran Kot. On that basis, a case under Sec. 302/34 Indian Penal Code under Sec. 3/4 of the T.D.A. (P) Act was registered. The case was tried and ultimately the accused were acquitted on 19th Aug., 1993. It is the admitted position that after the death of Mukhtiar Singh, plaintiff has been awarded family pension but her case for special family pension given to the terrorist affected families was rejected. She accordingly filed the suit from which this regular Second Appeal has arisen the trial court examined the matter and recorded the following findings :

(2.) Having gone through the matter, I am satisfied that the appellant's case was examined by the courts below on the basis of the evidence produced by her but she failed to prove that her husband was a victim of terrorist activities.